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(영문) 부산지방법원 2017.05.30 2016가단319971

근저당권말소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs, as married couple, are the owners of each real estate listed in paragraphs (1) and (2) of the separate sheet, and the plaintiffs Eul are the owners of each real estate listed in paragraphs (3) and (4) of the separate sheet. The plaintiffs' south Do entered the defendant from July 1, 1988 to January 22, 2014 and were retired from office on January 22, 2014.

After the audit of the Defendant of the Federation of Saemaul Savings Depository, D, the president of the board of directors, E, and F, the executive director of the Federation of Saemaul Savings Depository, on November 28, 2011, promised to pay the amount of losses arising from the audit, such as excess of the purchase limit of beneficiary certificates related to real estate, purchase of non-investment-free commodities, and other matters indicated in the audit, and prepares a letter of performance to set up the right to collateral security of KRW 200,000,000 for the purpose of repaying the amount of losses against D, E, and F, until November 29, 2011.

Pursuant to the performance note, with respect to 106, 2501, 106, and 2501, the amount of maximum debt on November 30, 201 with respect to 200,000,000 Won, which is owned by D wife G, was completed on November 29, 2011 by the debtor, the mortgagee, who was the defendant, due to the contract to establish a mortgage on November 29, 201, and on October 30, 2012, the registration of cancellation of the registration of the establishment of a mortgage was completed on the same day.

Attached Form

On December 21, 2012, the maximum debt amount on each real estate indicated in the list was KRW 200,000,000, the debtor, D and the mortgagee were due to the establishment registration of a mortgage on the same day.

(2) As seen earlier, the registration of the establishment of the instant collateral security is deemed to be the “instant collateral security,” and the registration of the establishment is deemed to be the “registration of the establishment of the instant collateral security.” D is bound by Busan District Court Decision 2014Da7967, based on the facts charged of occupational embezzlement, occupational breach of trust, and violation of the Community Credit Cooperatives Act with respect to the matters pointed out in the audit of the Defendant by the Federation of Community Credit Cooperatives

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